Defective Products Lawyer in Overland, MO.
Defective Products Lawyer in Overland, MO. If you or someone you love was injured by a dangerous product, reach out to a Burger law defective products lawyer in Overland, MO today at or fill out our online form for a free case evaluation.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your android at various times during the day. You may go 4-wheeling on your free days. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, manufactured, shipped and sold. When there is an error in that process and a product becomes hazardous, it can have a devastating impact on on your life and lives of those you love in Overland, MO. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Overland and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Overland, MO today at .
If you were hurt by a faulty product in Overland, MO, learn the true value of your claim by using our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Overland, MO:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
- What to Do if You're Injured by a Dangerous Product?
- Can I Sue a Company if Their Product Gave Me Cancer?
- Can I Sue for a Defective Car Part if it Caused My Accident?
How Common Are Defective Products in Overland, MO?
The Consumer Product Safety Commission has found that hazardous products result in more than 29 million injuries and 21,000 fatalities each year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible ruin an unsafe product can cause.
If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Overland, MO for passionate, dedicated and experienced support and legal counsel.
How Defective Products Claims Work in Overland, MO
Under Missouri Revised Statute §537.760, you and your Overland, MO defective products lawyer can can hold a person or company responsible for your injuries if three conditions are met:
- The corporation was involved in the product's stream of commerce.
- The product was used in a manner reasonably anticipated.
- One or both of the following:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's that caused you direct harm, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can be dismissed from the case if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your damages.
- The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case puts forward evidence that the vendor was involved in any other facet of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the engineering of the product than they implied, were otherwise liable for the defect or the manufacturer is unable to compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you are owed.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense is only valid for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Overland, MO are decided by the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Overland, MO roads. When someone fails in that duty, for example if are injured by a fatigued truck driver they might be found liable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable for any damage a product causes, irrespective of negligence. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your Overland, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — at the moment that you acquired it.
Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:
- Design Defect: A design defect is an innate fault in the design that subsequently affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be incorrectly installing wires or electrical components or a swing set with a cracked chain.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Overland, MO will fight by your side and insist on only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Overland, MO
An oft-used defense for manufacturers in a product liability claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are responsible for a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Overland, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can significantly diminish it. Suppose you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee someone doing that, but will not be completely responsible because you were being reckless.
- You knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.
Just because the defense can — and will — assert that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies implement a lot of dishonest ruses to try and minimize your claim, but your Overland, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you receive, and you owe us nothing until we win your case. Call Burger Law immediately at for legal representation that matches and eclipses that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Overland, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Overland, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle parts we see are:
- Windshield wipers
- Steering systems
- Headlights and taillights
Offroad vehicles like 4-wheelers can also cause damage, for instance many of them are prone to flipping over.
Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.
Defective Medical Devices Lawyer in Overland, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Overland, MO has seen be defective are:
- Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when defective, can lead to pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unintended pregnancies
As the medical industry keeps inventing new technologies, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.
In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Overland, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was retained by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Overland, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must follow from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Overland, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.
Other common dangerous products we see in Overland, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Overland, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Overland, MO knows that being injured by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have devoted our careers to seeing the vulnerable in Overland and throughout Missouri get maximum compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical toll your injury has taken on you and your Overland, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Overland, MO right away at or contact us online to take the first step toward a true recovery.